SWARAN NADHAN SALARIA,MUMBAI vs. DCIT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

penalty proceedings u/s 271(1)(c) of the Act in case of already concluded 271(1)(c) of the Act in case of already concluded 271(1)(c) of the Act in case of already concluded assessment in the absence of any incriminating assessment in the absence of any incriminating assessment in the absence of any incriminating material found during

SWARAN NADHAN SALARIA,MUMBAI vs. DICT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

penalty proceedings u/s 271(1)(c) of the Act in case of already concluded 271(1)(c) of the Act in case of already concluded 271(1)(c) of the Act in case of already concluded assessment in the absence of any incriminating assessment in the absence of any incriminating assessment in the absence of any incriminating material found during

ARTI SHAILEN TOPIWALA,ANDHERI WEST, MUMBAI vs. ITO, WARD 34(1)(1), MUMBAI, BKC, BANDRA EAST, MUMBAI

In the result both the appeals of the assessee are allowed for In the result both the appeals of the assessee are allowed for In the result both the appeals of the assessee are allowed for statisti...

Bench: Shri Sandeep Gosain () & Om Prakash Kant () Ita No. 4383 & 4384/Mum/2025 Assessment Year: 2013-14 Arti Shailen Topiwala Ito, Ward 34(1)(1), Mumbai B-701, Parimal Apartment, C.D. Income Tax Appellate Barfiwala Road, Andheri West, Vs. Tribunal, Mumbai- 400058 Mumbai- 400020 Pan No. Aacpt 3505 D Appellant Respondent

125 taxmann.com 253 (Bom.)], the Mohd. Farhan A. Shaikh v. DCIT penalty was unsustainable ab initio as the notice under section unsustainable ab initio as the notice under section unsustainable ab initio as the notice under section 271(1)(c) read with section 274 of the Act was vague and failed to 271(1)(c) read with section

ARTI SHAILEN TOPIWALA,ANDHERI WEST, MUMBAI vs. ITO, WARD 34(1)(1), MUMBAI, BKC, BANDRA EAST, MUMBAI

In the result both the appeals of the assessee are allowed for In the result both the appeals of the assessee are allowed for In the result both the appeals of the assessee are allowed for statisti...

Bench: Shri Sandeep Gosain () & Om Prakash Kant () Ita No. 4383 & 4384/Mum/2025 Assessment Year: 2013-14 Arti Shailen Topiwala Ito, Ward 34(1)(1), Mumbai B-701, Parimal Apartment, C.D. Income Tax Appellate Barfiwala Road, Andheri West, Vs. Tribunal, Mumbai- 400058 Mumbai- 400020 Pan No. Aacpt 3505 D Appellant Respondent

125 taxmann.com 253 (Bom.)], the Mohd. Farhan A. Shaikh v. DCIT penalty was unsustainable ab initio as the notice under section unsustainable ab initio as the notice under section unsustainable ab initio as the notice under section 271(1)(c) read with section 274 of the Act was vague and failed to 271(1)(c) read with section

ANJIS DEVELOPERS PRIVATE LIMITED,MUMBAI vs. PRINCIPLE CIT-5,MUMBAI, MUMBAI

In the result, the appeal filed by the assessee is dismissed

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2017-18 Anjis Developers Private Limited, Pcit-5, 2Nd Floor, Soham Apartments, Room No. 515, 5Th Floor, 208, Walkeshwar Road, Teen Vs. Aayakar Bhavan, Mk. Batti, Road, Mumbai-400006. Mumbai-400020. Pan No. Aaaca 6022 H Appellant Respondent : Assessee By S. Sriram/Dinesh Kukreja/Ssnyaknavedie Revenue By : Shri Chetan Kacha, Dr : Date Of Hearing 25/11/2022 Date Of Pronouncement : 20/02/2023

u/s 271(1)(c) of the Act has rendered, t of the Act has rendered, the assessment order erroneous in so far he assessment order erroneous in so far Anjis Developers Pvt. Ltd. 7 AY 2017-18 as prejudicial to the interest of the Rev as prejudicial to the interest of the Revenue. The relevant finding of enue. The relevant

DINESH SOMATMAL DHOKAR,MUMBAI vs. INCOME TAX OFFICER - 19(1)(1), MUMBAI

In the result, both the appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm

u/s 274 RWs 271 (1) (c) of the Act. Thus, It is apparent that notwithstanding the defective notice, the assessee was fully aware of the reason as to why the Assessing Officer sought to impose penalty. Thus, significant features of the case in hand are that penalty proceedings were initiated during the assessment proceedings. The Assessing Officer had although issued

DINESH SOMATMAL DHOKAR,MUMBAI vs. INCOME TAX OFFICER - 19(1)(1), MUMBAI

In the result, both the appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm

u/s 274 RWs 271 (1) (c) of the Act. Thus, It is apparent that notwithstanding the defective notice, the assessee was fully aware of the reason as to why the Assessing Officer sought to impose penalty. Thus, significant features of the case in hand are that penalty proceedings were initiated during the assessment proceedings. The Assessing Officer had although issued

INCOME TAX OFFICER- 23(3)(1), MUMBAI, MUMBAI vs. TISYA JEWELS, MUMBAI

In the result, both the appeals of the Revenue are accordingly partly allowed

Bench: Shri Om Prakash Kant () & Shri Anikesh Banerjee () Assessment Year: 2007-08 & Assessment Year: 2012-13 Income Tax Officer- 23(3)(1), Tisya Jewels Mumbai G-2 Sagar Fortune, 184 525A, 5Th Floor, Piramal Chambers, Vs. Waterfield Road, Bandra West, Parel, Mumbai-400012 Mumbai- 400050 Pan No. Aadft 8056 G Appellant Respondent Assessee By : Mr. Nishit Gandhi A/W Ms. Aadnya Bhandari Revenue By : Mr. Hemanshu Joshi, Cit-Dr

u/s. 271(1)(c), the Id. CIT(A) directed the A.O to restrict the levy of penalty to the extent of addition confirmed in the appeal. Further aggrieved by the order of Id. CIT(A), the assessee filed the appeal before ITAT. The Tribunal observed as follows: "We have considered the rival submission of the parties and have gone through

INCOME TAX OFFICIER- 23(3)(1), MUMBAI, MUMBAI vs. TISYA JEWELS, MUMBAI

In the result, both the appeals of the Revenue are accordingly partly allowed

Bench: Shri Om Prakash Kant () & Shri Anikesh Banerjee () Assessment Year: 2007-08 & Assessment Year: 2012-13 Income Tax Officer- 23(3)(1), Tisya Jewels Mumbai G-2 Sagar Fortune, 184 525A, 5Th Floor, Piramal Chambers, Vs. Waterfield Road, Bandra West, Parel, Mumbai-400012 Mumbai- 400050 Pan No. Aadft 8056 G Appellant Respondent Assessee By : Mr. Nishit Gandhi A/W Ms. Aadnya Bhandari Revenue By : Mr. Hemanshu Joshi, Cit-Dr

u/s. 271(1)(c), the Id. CIT(A) directed the A.O to restrict the levy of penalty to the extent of addition confirmed in the appeal. Further aggrieved by the order of Id. CIT(A), the assessee filed the appeal before ITAT. The Tribunal observed as follows: "We have considered the rival submission of the parties and have gone through

DCIT(CENTRAL CIRCLE)-7(1), MUMBAI vs. PANTHER INVESTRADE LIMITED, MUMBAI

In the result, both the Cross appeals no

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

penalty in the notice u/s. 274 read with section 271 of the Act started with the judgment of hon'ble Karnataka High Court in the case of Manjunatha Cotton and Ginning Factory (2013) 359 ITR 0565 (Kar.), wherein it was held P a g e | 8 ITA No. 415, 416/Mum/2025 CO No. 50, 51/Mum/2025 A.Y. 2002-03, 2003-04 Panther

DCIT CENTRAL CIRCLE 7 (1) MUMBAI , MUMBAI vs. PANTHER INVESTRADE LIMITED, MUMBAI

In the result, both the Cross appeals no

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

penalty in the notice u/s. 274 read with section 271 of the Act started with the judgment of hon'ble Karnataka High Court in the case of Manjunatha Cotton and Ginning Factory (2013) 359 ITR 0565 (Kar.), wherein it was held P a g e | 8 ITA No. 415, 416/Mum/2025 CO No. 50, 51/Mum/2025 A.Y. 2002-03, 2003-04 Panther

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT, CENTRAL CIRCLE 1(2), MUMBAI

In the result all appeals of the assesses from AY 2014-15 to AY\n2020-21 are partly allowed

125 TTJ 631 (Delhi) held that where certain\nincome was disclosed in return filed in response to notice\nunder section 153C following search, which income was not\ndisclosed in original return, it was a clear case of concealment\nof income attracting penalty under section 271(1)(c); in such a\ncase it was unnecessary to invoke Explanation 5 to section

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT, CENTRAL CIRCLE 1(2), MUMBAI

In the result all appeals of the assesses from AY 2014-15 to AY\n2020-21 are partly allowed

125 TTJ 631 (Delhi) held that where certain\nincome was disclosed in return filed in response to notice\nunder section 153C following search, which income was not\ndisclosed in original return, it was a clear case of concealment\nof income attracting penalty under section 271(1)(c); in such a\ncase it was unnecessary to invoke Explanation 5 to section

RAJESH B. JAIN AS LEGAL HEIR OF BHANWARLAL M. JAIN,MUMBAI vs. WARD 19(1)(1), MUMBAI

u/s 271(1)(c) of the IT Act, 1961. Issue demand notice.\"\n13.\nLd AR further added, that the aforesaid irregularity in the notices,\nvitiating the entire proceedings of penalty was challenged before the Ld.\nCIT(A), who had dealt with such preposition by the assessee, had concluded\nthat the nature of infraction in order to effect the provisions

RAJESH B. JAIN AS LEGAL HEIR OF BHANWARLAL M JAIN,MUMBAI vs. INCOME TAX OFFICER, WARD-19(1)(1), MUMBAI

Bench: Justice (Retd.) C V Bhadang & Shri Arun Khodpia, Am

u/s 271(1)(c) of the IT Act, 1961. Issue demand notice.” 13. Ld AR further added, that the aforesaid irregularity in the notices, vitiating the entire proceedings of penalty was challenged before the Ld. CIT(A), who had dealt with such preposition by the assessee, had concluded that the nature of infraction in order to effect the provisions

RAJESH B. JAIN AS LEGAL HEIR OF BHANWARLAL M. JAIN,MUMBAI vs. WARD 19(1)(1), MUMBAI

Bench: Justice (Retd.) C V Bhadang & Shri Arun Khodpia, Am

u/s 271(1)(c) of the IT Act, 1961. Issue demand notice.” 13. Ld AR further added, that the aforesaid irregularity in the notices, vitiating the entire proceedings of penalty was challenged before the Ld. CIT(A), who had dealt with such preposition by the assessee, had concluded that the nature of infraction in order to effect the provisions

RAJESH B. JAIN AS LEGAL HEIR OF BHANWARLAL M. JAIN,MUMBAI vs. WARD 19(1)(1), MUMBAI

Bench: Justice (Retd.) C V Bhadang & Shri Arun Khodpia, Am

u/s 271(1)(c) of the IT Act, 1961. Issue demand notice.” 13. Ld AR further added, that the aforesaid irregularity in the notices, vitiating the entire proceedings of penalty was challenged before the Ld. CIT(A), who had dealt with such preposition by the assessee, had concluded that the nature of infraction in order to effect the provisions

RAJESH B. JAIN AS LEGAL HEIR OF BHANWARLAL M JAIN,MUMBAI vs. WARD 19(1)(1), MUMBAI

u/s 271(1)(c) of the IT Act, 1961. Issue demand notice.\"\n13.\nLd AR further added, that the aforesaid irregularity in the notices,\nvitiating the entire proceedings of penalty was challenged before the Ld.\nCIT(A), who had dealt with such preposition by the assessee, had concluded\nthat the nature of infraction in order to effect the provisions